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The Loudermill letter fulfills the requirement of (written) notice, and should include an explanation of the employer's evidence ("to act as a check for mistaken accusations"). To fulfill the remaining Due Process requirements, a Loudermill letter will also have to inform the employee of his opportunity for a Loudermill hearing .
Ejectment is a common law term for civil action to recover the possession of or title to land. [1] It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured.
Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant.
The phrase formed part of the title of the old action of ejectment. [1] Thus, a case titled Jones v. Doe ex dem. Smith would signify that the nominal defendant, Doe, is the hypothetical person holding the estate "on the demise" of, i.e. by a lease from, real defendant Smith. Jones is the plaintiff. [2] [3] [4]
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. [1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor.
In ejectment, the only complexity was in the existence of fictitious allegations in the original claim: after that, everything proceeded exactly like an action for trespass. If the defendant did join the proceedings, he could not deny the fictitious leases (or he would have had no right to intervene), but everything else about the rights of the ...